Macon Georgia product recall law firm
Macon personal injury lawyer
Usually a manufacturer does not have a duty to recall products. Nonetheless, if a manufacturer voluntarily undertakes a product recall, the manufacturer usually owes a duty to exercise reasonable care in conducting the recall. The rationale for this rule lies partly in the general rule that one who undertakes a rescue, and thereby induces other would-be rescuers to forbear, must act reasonably in following through. In the context of product liability, courts generally assume that voluntary recalls are generally undertaken in the anticipation that, if the seller does not recall voluntarily, it will be ordered to do so by a government regulator. Having presumably forestalled the regulatory recall order, the manufacturer must be under a common-law duty to follow through on its commitment to recall. The determination of whether a manufacturers conduct during a recall is reasonable is generally a question of fact for the jury or judge.
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